ADOPTED HOUSE AMENDMENTS FOR JANUARY 17, 2005.

ADOPTED HOUSE AMENDMENTS

MONDAY, JANUARY 17, 2005

HB0003HS001/A

Page 2-line 7 After "other" insert "licensed".

Page 2-line 24 Delete "a".

Page 3-line 1 Delete "condition" insert "an illness or disease".

Page 3-line 3 Delete "condition" insert "illness or disease". ILLOWAY, CHAIRMAN

HB0014H2001/A

Page 11-line 17 Delete "such" insert "the".

Page 11-line 20 Delete "such" insert "the".

Page 12-line 1 Delete "such" insert "the".

Page 12-line 2 Delete "such" insert "the".

Page 14-line 4 In the standing committee amendment (HB0014HS001/A) to this line, in paragraph (x) of subsection (a), after "If any" strike "such". ROBINSON

HB0041HS001/A

Page 1-line 2 After "a" insert "list of".

Page 1-line 3 Delete "disease list" insert "diseases".

Page 1-line 11 After "veterinarian;" insert "list of"; delete "disease list" insert "diseases".

Page 1-line 16 After "infectious" insert "reportable".

Page 2-line 3 After "a" insert "list of"; delete "disease list" insert "diseases".

Page 2–line 4 After "threat to" insert "domestic".

Page 2-line 5 After "animals." insert "During development of this list the state veterinarian shall consult with the Wyoming game and fish department's supervisor of veterinary research services.".

Page 2-line 6 Delete "reportable disease list" insert "list of reportable diseases".

Page 2-line 8 After "the" insert "list of"; delete"disease list" insert "diseases".

Page 2-line 10 Delete ". The" insert ", except that the". HAGEMAN, CHAIRMAN

HB0041HW001/A

Page 1-line 2 After "livestock;" insert "amending the requirements for reporting contagious and infectious diseases;".

Page 2-line 1 After "jurisdiction" insert "or any veterinarian who knows or suspects any reportable contagious or infectious disease on any premises or in any animal". HAGEMAN

HB0076HS001/A

Page 1-line 5 Delete "exploitation" insert "neglect"; after "reporting;" insert "establishing criminal offenses for filing false reports;".

Page 1-line 11 Delete "a"; delete "subsection" insert "subsections"; after "(c)" insert "and (d)".

Page 2-line 18 Delete "or agency" insert "specified in subsection (a) or (b) of this section".

Page 2-line 19 Delete "knowingly" insert "willfully".

Page 3-After line 5Insert:

"(d) Any person who knowingly and intentionally makes a false report of child abuse or neglect, or who encourages or coerces another person to make a false report of child abuse or neglect, is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.".

Page 6-line 17 After "mail" insert "if the records check confirms the existence of a report "under investigation" or a "substantiated" finding of abuse or neglect"; after "." insert "Otherwise, the state agency shall provide the results of the records check to the applicant by United States mail.". LANDON, CHAIRMAN

HB0076HW001/A

Delete the standing committee amendment (HB0076HS001/A) entirely.

Further amend as follows:

Page 1-line 3 Delete "establishing".

Page 1-line 4 Delete.

Page 1-line 5 Delete the line through ";".

Page 1-line 10 Delete "14-3-205 by".

Page 1-line 11 Delete the line through "(c),".

Page 2-lines 15 through 24 Delete.

Page 3-lines 1 through 5 Delete.

HB0081HS001/A

Page 4-line 20 Strike "one (1) month" insert "thirty (30) days". ILLOWAY, CHAIRMAN

HB0107HS001/A

Page 5–line 2 Before "Health" insert "Primary".

Page 5–line 4 Delete "podiatrist, chiropractor,".

Page 5-lines 5 through 7 Delete entirely and insert "licensed physician, licensed physician's assistant or licensed advanced practitioner of nursing;".

Page 10-line 23 Delete "must" insert "shall"; delete "supervising".

Page 10-line 24 Delete "health care provider" insert "primary physician".

Page 11-line 19 Delete "complies" insert "complied"; delete "this act".

Page 11-line 20 Delete entirely and insert "the applicable law at the time of execution or communication.". OSBORN, CHAIRMAN

HB0107HW001/A

Page 12-line 1 After "individual" insert "with capacity".

Page 12-line 5 After "individual" insert "with capacity". BARNARD

HR0001/A

Amend House Rule 4-2 as follows:

COMMITTEE MEMBERSHIP

4-2 Membership on committees shall be apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the House.

(a) Committees shall have nine members with these exceptions:

Committee No. 2, Appropriations, ~~seven~~ eight members;

Committee No. 11, Journal, two members; and

Committee No. 12, Rules and Procedure, thirteen members. LUTHI, CHAIRMAN

HR0002/A

Amend House Rule 4-3 as follows:

STANDING COMMITTEE DUTIES

4-3 (a) Standing committees shall take charge of and report in writing on all matters referred to them respectively. When a standing committee has disposed of a bill by adoption of a motion to "do pass," "amend and do pass," "do not pass" or "no recommendation," the vote on final disposition ~~of all bills will~~ shall be included in the committee report, indicating how each member voted, and the bill and the report shall be submitted to the chief clerk.

(b) For bills other than those reported under subsection (a) of this rule, the Committee shall return the bill together with a record of Committee consideration to the chief clerk on the day after the last day scheduled for consideration of house bills or senate files placed on general file but not later than the last day of the session. Upon receipt of the bill and the record of Committee consideration, the chief clerk shall ensure the required information contained within the record is entered into the journal but shall not be required to read the record to the House. The record of Committee consideration shall include the following information which shall be entered into the journal:

(1) When any motion referenced under subsection (a) of this rule fails, the record of Committee consideration shall include the vote of each member on the failed motion;

(2) When a motion referenced under subsection (a) of this rule is not made on a bill, and a motion to postpone the bill indefinitely or to a certain date has not been made by the Committee, the record of Committee consideration shall indicate the bill died in Committee;

(3) When a Standing Committee adopts a motion to postpone consideration of the bill until after expiration of the established final date for regular consideration of the bill, the record of Committee consideration shall include the vote of each member on the adopted motion.

(d) The chairman may be overruled only by a recorded majority vote of the committee membership. [Ref: Mason's §§ 611, 615 to 618, 663 to 678]

LUTHI, CHAIRMAN

HR0003/AC

DIVIDED AMENDMENT

Amend the Rules of the House by creating new Rules 28-2(c) and 31 as follows:

28-2(a) No bill will be accepted for consideration except by consent of two-thirds of the house membership after twelve o'clock noon of the third legislative day of the session. (Bills that have been signed, submitted and accepted by the Legislative Service Office prior to the twelve noon cutoff date for consideration of bills but are still at the printer's office will be considered as being within the cutoff deadline. Such a list of bills will be delivered by the Legislative Service Office to the Speaker at the cutoff hour.)

(b) No bill shall be considered for introduction after six o'clock p.m. (6:00 p.m.) the fifth legislative day of the session except by consent of two-thirds of the membership.

(c) No member shall sponsor more than five (5) bills in any Budget Session. This limitation shall not apply to joint interim committees, the Management Audit Committee, the Management Council, the Select Water committee and any other Committee designated by the Management Council.

31. BILL SPONSORSHIP LIMIT

31-1For the purpose of administering House Rule 28‑2(c) which limits the number of bills which a member may sponsor, the following shall apply:

(a) There shall be no limit on the number of bill drafts which a member may request be drafted by the Legislative Service Office;

(b) The Legislative Service Office shall assign a bill number and jacket for introduction bill drafts in the order that the sponsor approves and submits the drafts for final processing;

(c) The Legislative Service Office shall immediately advise the member when that member has approved and submitted bill drafts for introduction in an amount equal to the limit prescribed by the applicable rule. If the member thereafter submits an approval for an additional bill draft for final processing so as to be assigned a bill number and jacketed, the Legislative Service Office shall not process the bill further unless the member withdraws a bill that the member previously approved and submitted for sponsorship. For the purpose of this paragraph, a member withdraws a bill previously approved and submitted for sponsorship by:

(1) If the session has not convened, directing the Legislative Service Office to cancel the previously approved bill;

(2) If the session has convened, submitting the jacket of the bill to be cancelled to the Chief Clerk with a written and signed notation on the jacket to cancel the bill.

(d) If the legislator wishes to request that the rule on limits be suspended for the purpose of introducing a bill in excess of the number authorized, the member shall have the bill draft as prepared by the Legislative Service Office distributed to the membership and then make the motion to suspend the rules. If the motion passes, the Legislative Service Office shall immediately jacket the bill, assign it a number and submit it to the Chief Clerk. CHILDERS

JR0001/A

Amend Joint Rule 14-1(f)(1) as follows:

14. BUDGET BILLS

(f) (1) Notwithstanding Senate Rules 8‑4 and 11‑1, House Rules 7‑1 and 10‑1, and any other rule to the contrary, the mirror budget bill passed by the house of origin shall, after the standing appropriations committee of the second house has reported the bill back to the second house, be placed and considered by the second house on third reading. Each amendment on the list specified in paragraph (e)(2) of this rule in the standing committee report from the house of origin shall be explained on the floor by a member of the appropriations committee designated by the chairman. ~~and then voted upon separately.~~

Consideration on third reading in the second house of the mirror budget bill passing the house of origin shall be limited to an explanation of, or, at the direction of the presiding officer, a non-binding (“straw poll”) vote regarding each of the amendments adopted by the house of origin which are not identical to amendments adopted by the second house on its own mirror budget bill. Any other amendment shall be out of order. If a "straw poll" vote is taken, Senate Rule 15‑1 and House Rule 14‑1 do not apply to debate on amendments to the mirror budget bill being considered on third reading in the second house to the extent those rules limit members to speaking no more than twice on the same issue. Third reading may be extended beyond one (1) day to consecutive days to permit ~~consideration of~~ explanation of, or "straw poll votes" on amendments. Non-binding (“straw poll”) votes shall be taken by roll call only at the direction of the presiding officer. The purpose of these "straw poll" votes are solely to provide non-binding guidance to members of the conference committee from the house in its deliberations on developing a conference committee report.

LUTHI, CHAIRMAN

JR0002/A

Amend the Joint Rules of the House and Senate to create new Joint Rule 20 to read:

"20. PRESIDENTIAL ELECTION CONTEST

20-1(a) Upon receipt of a notice of an election contest pursuant to W.S. 22-17-114, the Legislative Service Office shall forward a copy of the notice to the President of the Senate, the Speaker of the House of Representatives and to each member of the Legislature.

(b) (1) The President and Speaker shall as expeditiously as possible investigate the allegations contained in the notice to determine whether there appears to be a substantial factual basis for the allegations and whether, if proven, the alleged irregularities or illegal votes complained of would likely have affected the final outcome of the contested election. In carrying out this investigation the President and Speaker may direct the Management Council or a subcommittee of the Council to meet, take evidence and testimony, and provide a recommendation to the President and Speaker on the question of calling a special session of the Legislature pursuant to Wyoming Constitution, Article 3, Section 7(a)(ii).

(2) If, following investigation, the President and Speaker determine that it would be appropriate, they shall jointly issue a proclamation calling and establishing a date for the convening of a special session to resolve the election contest.

(c) (1) On the date set for convening a special session under this rule, the Senate and House of Representatives shall meet in joint session in the House Chamber at which time the members will be advised of the nature of the election contest and shall be provided with any information and supporting documentation presented to the President and Speaker during the course of their preliminary investigation. The President of the Senate shall preside at the Joint Session.

(2)At the conclusion of the joint session, the Senate shall withdraw and the two houses shall separately deliberate on the issues presented.

(d) (1) At the direction of the presiding officer, the House or Senate may conduct its investigation sitting as the entire body or may appoint a select committee to hear the election contest and present a recommendation. If a select committee is appointed, its membership shall be apportioned as nearly as possible to reflect the percentage of the elected members of the majority and minority parties of that house.

(2) The party initiating the election contest shall be provided with advance notice of each meeting, hearing or other proceeding of the House, Senate or any select committee concerning the election contest. The party may be represented by counsel and shall be afforded reasonable opportunity to be heard and to present oral argument.

(3) In conducting its investigation, each house shall determine whether the allegations giving rise to the election contest are supported by substantial evidence and whether any irregularities shown were of such a nature that, if not for the irregularities or for any illegal votes counted the final results of the election which is the subject of the election contest would have been different.

(4) In proceedings before the House or Senate, or their select committees, irrelevant, immaterial or unduly repetitious evidence shall be excluded and no recommendation shall be made unless supported by the type of evidence commonly relied upon by reasonably prudent men in the conduct of their serious affairs. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available.

(e) (1) All proceedings of each house and any select committee concerning election contests shall be electronically recorded.

(2) The Presiding officer or the chairman of the select committee shall have the power to administer oaths and to compel the attendance of witnesses and the production of documents relevant to the election contest. Any testimony made at any committee hearing or before the appropriate house which purports to establish matters of fact shall be made under oath.

(f) (1) Upon conclusion of its investigation, each house shall separately consider a motion to sustain or reject the election contest. No other motion shall be in order. The motion is debatable.

(2) Debate on the motion to sustain or reject the election contest shall be limited as follows:

(A) No member may speak more than twice on the motion;

(B) No member shall occupy the floor more than five (5) minutes each time that he speaks; and

(3) Once deliberations begin on a motion to sustain or reject the election contest, the House or Senate, as applicable, shall not adjourn until the election contest is decided.

(4) If a quorum to transact business is present, a majority of the members of the appropriate house who are present may sustain or reject the election contest.

(g) (1) Upon conclusion of their deliberations, the House and Senate shall again meet in Joint Session in the House Chamber at which time the presiding officer of each house shall announce the results of the final vote taken by their body on the question of sustaining or rejecting the election contest.

(2)An election contest shall be deemed to be sustained by the Legislature only if a motion to sustain the election contest has been adopted by both the Senate and the House of Representatives.

(h) Following a determination under this rule, the presiding officers of the House and Senate shall jointly certify the decision of the Legislature to the governor and the secretary of state.

(j) A determination of the election contest by the Legislature under this rule is final and conclusive and is not subject to judicial review.

LUTHI, CHAIRMAN